The following terms and conditions govern all use of the FlipRSS.com website and all content, services and products available at or through the website. The Website is owned and operated by Synked. (“Synked”).
Please read this Agreement carefully before accessing or using the Website.
By accessing, registering or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Synked, acceptance is expressly limited to these terms.
In order to use FlipRSS.com, you must:
By using FlipRSS.com, you represent and warrant that you meet all the requirements listed above, and that you won’t use FlipRSS.com in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) FlipRSS.com may refuse service, close accounts of any users, and change eligibility requirements at any time.
If you create an account on the Website, you are responsible for all activities that occur under the account and any other actions taken in connection with the newsletters built. You must immediately notify Synked of any unauthorized uses of your account or any other breaches of security. Synked will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you build a newsletter on the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
By submitting Content to Synked for inclusion on your newsletter, you grant Synked a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your newsletter. If you delete Content, Synked will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Synked has the right (though not the obligation) to, in Synked’s sole discretion (i) refuse or remove any content that, in Synked’s reasonable opinion, violates any Synked policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Synked’s sole discretion. Synked will have no obligation to provide a refund of any amounts previously paid.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
This Agreement does not transfer from Synked to you any Synked or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Synked. Synked, the FlipRSS.com logo, and all other trademarks, service marks, graphics and logos used in connection with FlipRSS.com, or the Website are trademarks or registered trademarks of Synked or Synked’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Synked or third-party trademarks.
Synked reserves the right to display attribution links such as ‘Powered by FlipRSS.com’ and theme author attribution in your newsletter footer. Footer credits may be altered or removed if future upgrades are purchased.
Synked reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Synked may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Our charges for monthly plans are posted on FlipRSS.com and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Synked may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FlipRSS.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Synked and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Synked nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Synked, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Synked under this agreement during the twelve (12) month period prior to the cause of action. Synked shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Synked, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
If there is any dispute between you and Synked about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the Isle of Man, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Isle of Man with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that Synked may seek and obtain injunctive relief in any jurisdiction.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if Synked does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Synked has the benefit of under any applicable law), this will not be taken to be a formal waiver of Synked’s rights and that those rights or remedies will still be available to Synked.Last updated October 2016.